The Court draws a distinction between the legal consequences of these violations for Israel and those for other
In regard to the former, the Court
finds that Israel must respect the right of the Palestinian people to self‑determination and its obligations
under humanitarian law and human rights law. Israel must also put an end to the violation of its international obligations
flowing from the construction of the wall in the Occupied Palestinian Territory and must accordingly cease forthwith the works
of construction of the wall, dismantle forthwith those parts of that structure situated within the Occupied Palestinian Territory
and forthwith repeal or render ineffective all legislative and regulatory acts adopted with a view to construction
of the wall and establishment of its associated régime, except in so far as such acts may continue to be relevant for compliance
by Israel with its obligations in regard to reparation. Israel must further make reparation for all damage suffered
by all natural or legal persons affected by the wall’s construction.
As regards the legal consequences
for other States, the Court finds that all States are under an obligation not to recognize the illegal situation resulting
from the construction of the wall and not to render aid or assistance in maintaining the situation created by such construction.
The Court further finds that it is for all States, while respecting the United Nations Charter and international law, to see
to it that any impediment, resulting from the construction of the wall, in the exercise by the Palestinian people of its right
to self‑determination is brought to an end. In addition, all States parties to the Fourth Geneva Convention are
under an obligation, while respecting the Charter and international law, to ensure compliance by Israel with international
humanitarian law as embodied in that Convention.
Finally, the Court is of the view
that the United Nations, and especially the General Assembly and the Security Council, should consider what further action
is required to bring to an end the illegal situation resulting from the construction of the wall and its associated régime,
taking due account of the present Advisory Opinion.
The Court concludes by stating
that the construction of the wall must be placed in a more general context. In this regard, the Court notes that Israel
and Palestine are “under an obligation scrupulously to observe the rules of international humanitarian law”.
In the Court’s view, the tragic situation in the region can be brought to an end only through implementation in good
faith of all relevant Security Council resolutions. The Court further draws the attention of the General Assembly to
the “need for . . . efforts to be encouraged with a view to achieving as soon as possible, on the basis
of international law, a negotiated solution to the outstanding problems and the establishment of a Palestinian State, existing
side by side with Israel and its other neighbours, with peace and security for all in the region”.